the capacity of the bank to provide breeding habitat, escape cover or food for fisheries;

(5)

the capacity of the bank to provide wildlife habitat functions

(a)

No project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species as identified on the Massachusetts Natural Heritage and Endangered Species Estimated Habitat Maps on file with the Commission.

(6)

the capacity of the bank to help prevent erosion and sedimentation.

B.

Freshwater Wetlands

1.

The Preamble shall be the same as in the Wetlands Protection Act for Bordering Vegetated Wetlands, with the following addition: Freshwater wetlands, together with Land within 100 feet of a Freshwater wetland (See Section VII), serve to moderate and alleviate thermal shock and pollution resulting from runoff from impervious surfaces which may be detrimental to wildlife and fisheries. Land within 100 feet of a Freshwater wetland is likely to be significant to the protection and maintenance of Freshwater wetlands and therefore to the protection of the interests which these resource areas serve to protect.

2.

Definition: The types of freshwater wetlands include riverine wetlands, marshes, wet meadows, bogs, isolated wetlands, and swamps that meet either of the following requirements:

a)

Fifty percent or more of the natural vegetative community consists of obligate or facultative wetland plant species as included or identified in generally accepted scientific or technical publications (as, for example, the Wetland Plant List (Northeast Region) for the National Wetlands Inventory, U.S. Fish and Wildlife Service (1988, as amended); or

b)

The soils are hydric soils. Hydric soils are those soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part (12").

(1)

For purposes of these regulations the following shall be used to determine if a soil is hydric: